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Interference with Commerce by Extortion Hobbs Act: Racketeering (Color of Official Right)

Category:
Federal - Jury Instructions - 11th Circuit - Criminal
State:
Multi-State
Control #:
US-JURY-11THCIR-O70-2-CR
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Word
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Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions
Interference with Commerce by Extortion Hobbs Act: Racketeering (Color of Official Right) is a federal racketeering offense under 18 U.S.C. § 1951. It prohibits any person from using actual or threatened force, violence, or fear of economic harm to obtain anything of value from another person while acting under color of official right. This offense is commonly referred to as a “Hobbs Act” violation. The main types of Interference with Commerce by Extortion Hobbs Act: Racketeering (Color of Official Right) are extortion and bribery. Extortion is defined as the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear of economic harm. Bribery is defined as the giving, offering, or receiving of anything of value in exchange for an official act. The elements of Interference with Commerce by Extortion Hobbs Act: Racketeering (Color of Official Right) include: (1) a person; (2) acting under color of official right; (3) obtaining or attempting to obtain; (4) property or anything of value; (5) from another person; (6) with the person’s consent; (7) induced by actual or threatened force, violence, or fear of economic harm.

Interference with Commerce by Extortion Hobbs Act: Racketeering (Color of Official Right) is a federal racketeering offense under 18 U.S.C. § 1951. It prohibits any person from using actual or threatened force, violence, or fear of economic harm to obtain anything of value from another person while acting under color of official right. This offense is commonly referred to as a “Hobbs Act” violation. The main types of Interference with Commerce by Extortion Hobbs Act: Racketeering (Color of Official Right) are extortion and bribery. Extortion is defined as the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear of economic harm. Bribery is defined as the giving, offering, or receiving of anything of value in exchange for an official act. The elements of Interference with Commerce by Extortion Hobbs Act: Racketeering (Color of Official Right) include: (1) a person; (2) acting under color of official right; (3) obtaining or attempting to obtain; (4) property or anything of value; (5) from another person; (6) with the person’s consent; (7) induced by actual or threatened force, violence, or fear of economic harm.

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FAQ

The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce "in any way or degree." Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371.

A conviction under the Hobbs Act requires proof beyond a reasonable doubt that (1) the defendant knowingly or willfully committed, or attempted or conspired to commit, robbery or extortion, and (2) the defendant's conduct affected interstate commerce.

It is sometimes referred to as RICO for the Racketeer Influenced and Corrupt Organizations (RICO) Act, a United States federal law passed in 1970, and makes it unlawful to acquire, operate, or receive income from an enterprise through a pattern of racketeering activity.

It was originally used to curtail racketeering in labor disputes, which was a common phenomenon at that time. Today, the Hobbs Act is commonly used by federal prosecutors to target public corruption, street gangs, commercial disputes, and union corruption.

4.18.1951 Interference with Commerce by Robbery or Extortion (Hobbs Act), 18 U.S.C. § 1951 See Statute. Defendant is accused of obstructing, delaying and affecting commerce by committing robbery; extortion. It is against federal law to obstruct, delay or affect commerce by committing robbery; extortion.

What is the sentence for violation of the Hobbs Act? This law imposes fines and a maximum sentence of twenty years for extortion that inhibits interstate commerce by depleting an enterprise's assets that would normally be used for the purchase of goods.

21?102 (U.S. July 26, 2021). Both attempts and conspiracy to commit a Hobbs Act robbery are punishable by the same maximum term of imprisonment of not more than 20 years as for a substantive Hobbs Act robbery.

Extortion under color of official right means that a public official induced, obtained, accepted, or agreed to accept a payment to which he or she was not entitled, knowing that the payment was made in return for taking, withholding, or influencing official acts.

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More info

§ 1951) defines extortion in terms of "the obtaining of property from another, with his consent . . . Under color of official right.Federal criminal lawyers explain The Hobbs Act that prohibits extortion or robbery, or the attempt, affecting interstate or foreign commerce. (3) The term ''commerce'' means commerce. Under color of official right. § 1951, is a United States federal law enacted in 1946 that prohibits actual or attempted robbery or extortion that affect intrastate or foreign commerce. Act extortion under color of official right. , in violation of the Hobbs Act and state laws forbidding extortion. 2. One of the most common laws used to charge individuals with extortion is The Hobbs Act. Historical Note: Section 2E1.

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